New Zealand legally recognises animals as 'sentient' beings

 

A change to New Zealand law has recognised what pet owners and scientists have known for years - that animals have feelings.

The Animal Welfare Amendment Bill, which passed its final reading on Tuesday, states that animals, like humans, are "sentient" beings.

"To say that animals are sentient is to state explicitly that they can experience both positive and negative emotions, including pain and distress," said Dr Virginia Williams, chair of the National Animal Ethics Advisory Committee.

"The explicitness is what is new and marks another step along the animal welfare journey.

 

Dr Williams said the legal recognition of animal sentience provided a stronger underpinning of the requirements of the Animal Welfare Act.

Nelson SPCA manager Donna Walzl said the changes were "wonderful".

"It's great to finally see it brought into legislation. It's awesome."

She said pets that came to the SPCA's attention often exhibited human-like emotions.

"You can see that they do have separation anxiety and that's showing emotion. It's almost a human emotion," she said.

"It's the same with the animals that we see that are neglected and have real, true animal welfare issues. They suffer for it. You can see it in their eyes. It's quite sad, really."

A submission on the bill by SPCA Auckland said a declaration of sentience was needed "because most New Zealand law treats animals as 'things' and 'objects' rather than as living creatures".

Walzl said she hoped that recognising animals as sentient beings would add "more weight" to abuse and neglect cases in court.

"Hopefully there will be some sterner penalties out there and that obviously creates a bigger deterrent for people to do those things."

The bill also provides for a penalty scheme to enable low-to-medium level offending to be dealt with more effectively, and gives animal welfare inspectors the power to issue compliance notices, among other measures.

New Zealand Veterinary Association president Dr Steve Merchant said the bill greater clarity, transparency and enforceability of animal welfare laws.

"Expectations on animal welfare have been rapidly changing, and practices that were once commonplace for pets and farm stock are no longer acceptable or tolerated. The bill brings legislation in line with our nation's changing attitude on the status of animals in society."

The bill was introduce to parliament by primary industries minister Nathan Guy in May, 2013.

Read the Animal Welfare Amendment Bill here.

 

- Stuff, May 9 2015

Section 30, Animal Welfare Amendment Bill

 

30A Wilful or reckless ill-treatment of wild animals or animals in wild state

  • “(1)A person commits an offence if the person wilfully ill-treats a wild animal or an animal in a wild state.

    “(2)A person commits an offence if the person recklessly ill-treats a wild animal or an animal in a wild state.

    “(3)A defendant has a defence to a prosecution for an offence against subsection (1) or (2) if the defendant satisfies the court that the conduct alleged to constitute an offence is or is part of a generally accepted practice in New Zealand for the hunting or killing of wild animals of that type or animals in a wild state of that type.

    “(4)In determining whether wilful or reckless ill-treatment of an animal has occurred, a court may treat an act or omission as lawful (and not subject to subsection (1) or (2)) if satisfied that—

    • “(a)the act or omission was done in the course of performing functions for the purposes of another Act; and

    • “(b)not to treat the act or omission as lawful would be contrary to the purpose and principles of that Act.

    “(5)Nothing in subsection (1) or (2) applies to—

    • “(a)a wild animal in captivity (other than in captivity in a safari park); or

    • “(b)the accidental or inadvertent killing or harming of an animal; or

    • “(c)any act or omission necessary to protect a person's life or safety.

    “(6)Nothing in subsection (1) or (2) affects section 179 or 181.

    “(7)A person who commits an offence against subsection (1) is liable on conviction,—

    • “(a)in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000, or to both:

    • “(b)in the case of a body corporate, to a fine not exceeding $500,000.

    “(8)A person who commits an offence against subsection (2) is liable on conviction,—

    • “(a)in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000, or to both:

    • “(b)in the case of a body corporate, to a fine not exceeding $350,000.

WORLD ANIMAL PROTECTION (WAP)

Animal sentience refers to the capacity of animals to have subjective experiences, thoughts, feelings, and individual personalities. Scientific research irrefutably proves that animals can experience a range of emotions, both positive and negative.

Animals have their own distinct inner lives, preferences, desires, and needs. While we may not always fully comprehend what they are, we can use our understanding of animal sentience to monitor and measure their emotional well-being. By doing so, those who care about animals can do a better job of not causing pain and distress, and ensuring they experience positive emotions as well. 

What is sentience? 

Sentient comes from the Latin verb sentire, which means “to feel”. Sentience is the ability to feel a range of emotions and feelings, such as pleasure, pain, joy, and fear.  

Are animals sentient beings? 

Yes! While it is most commonly recognized that mammals possess sentience, advancements in scientific research and an increasing body of evidence have demonstrated that an ever-expanding circle of animals, including fish, birds, and even invertebrates, also exhibit signs of sentience. 

Animal sentience refers to animals’ ability to perceive and experience emotions like joy, pleasure, pain, and fear. Some animals are even capable of experiencing more complex emotions such as grief and empathy, such as elephants. Recognizing animals as sentient beings emphasizes the importance of their emotional as well as physical well-being. 

The acknowledgment of animals' ability to experience both positive and negative states serves as the driving force behind the animal welfare movement and the reason why laws aimed at protecting animals exist.  

What makes an animal a sentient being? 

Our understanding of animal sentience still varies depending on the species, as some groups of animals, such as mammals, have received far more attention than others. 

Vertebrate species 

It is generally accepted that vertebrate species are sentient. This includes mammals, birds, reptiles, amphibians, and fish. 

Birds 

Although birds have evolved different brain structures to ours, they still have what they need to process experiences and feel emotions. In fact, chickens demonstrate empathy, and magpies appear to feel grief. Studies on avian species such as corvids (crows and ravens) have revealed their advanced problem-solving skills, tool use, and complex social interactions. 

Why is animal sentience important? 

Many people underestimate the significance of an animal's emotions or dismiss them as subjective and difficult to comprehend or quantify. However, this is not accurate. Over the past two decades, scientific knowledge about animal sentience has greatly advanced. 

Scientists now have a wide range of tools to measure and understand the emotional experiences of animals, and these can be used to ensure that animals have the lives they deserve. For instance, by observing postures and behaviour, we can gain valuable insights into how animals feel. The study of animal sentience is also uncovering the remarkable abilities of different species. 

 

To truly understand animals' perspectives and ensure that their voices are heard, it is crucial for us to continue our work to educate and raise the public’s understanding of animal sentience. 

This diagram shows how animal welfare is a continuum. 

An animal’s daily experiences continuously contribute to an animal’s overall welfare. Just like humans, it’s normal to experience some negative experiences (e.g., thirst), but the goal is to ensure that negative experiences can be solved (e.g., access to clean and unlimited water sources) so that an animal’s overall welfare is positive. 

The Five Domains model goes further than the Five Freedoms in that it places more of an emphasis on an animal’s mental state and ability to have positive experiences. It highlights that emotional needs are equally important as physical needs, and that physical needs can impact emotions. 

All animals deserve a good life.

Animal Welfare

Animal welfare refers to an animal’s quality of life, which is usually determined by how well an animal is coping with their environment. It is rooted in the rationale that animals are sentient beings, have agency over their own lives, and that consideration should be given to their well-being, especially when they are under our care. 

There are different ways to measure the success or failure of animal welfare including the Five Freedoms framework, and the Five Domains model. 

Using either framework, animal welfare advocates and scientists can measure and improve an animal’s quality of life. As you can imagine, a factory farm does poorly when measured by these standards, whereas a high-welfare farm that allows animals to roam freely does better. 

Animal Rights

The concept of “animal rights” is equally as complex and multi-faceted as the concept of “animal welfare”. While there are many definitions and views, the main theme of animal rights philosophy is that many or all sentient animals have moral worth independent of their utility to humans. Because of their inherent worth, animals should be afforded fundamental rights, including the right to life. It is therefore unethical to kill an animal for any reason except in extreme cases such as self-protection. 

Animal rights positions assert that animals exist for their own purposes, and humans cannot and should not use animals for human ends, such as animal agriculture.  

Proponents of animal rights tend to support “animal liberation” - the view that animals should not be “owned” by humans. Animal rights assert that animals exist for their own purposes, and humans cannot and should not use animals for humans ends – such as for food, fashion, entertainment, scientific experiments, or as pets.  

The difference between Welfare and Rights

Animal welfare and animal rights differ based on one key aspect: Animal welfare is a scientific approach to our relationship with animals, whereas animal rights is a philosophical approach.   

Animal rights philosophy is based on the idea that animals should not be used by people for any reason, and that animal rights should protect their interests the way human rights protect people.  

Animal welfare, on the other hand, is a set of practices designed to govern the treatment of animals who are being controlled by humans, whether for food, research, entertainment or other uses. 

For example, animal rights proponents aim to end all farming of animals and promote veganism, while animal welfare proponents aim to improve the lives of all animals in farm settings and promote eating less, and higher welfare, meat. Animal welfare is concerned about the quality of animals' lives, and minimizing animal suffering whereas animal rightists are focused on the ethical argument over whether animals should be used by humans in the first place.  

It’s important to note that sometimes the delineation between the two approaches is less clear and there is overlap. In general, both approaches are concerned for animals and their well-being.  

The five freedoms of animal welfare

The Five Freedoms is the earliest model developed to evaluate animal welfare. This concept is widely known and is enshrined in many laws and regulations around the world. Many countries, jurisdictions, and organizations like the World Organisation for Animal Health, have incorporated the principles of this model into their guiding policies.

The Five Freedoms represent five key aspects of animal welfare for animals under human control (captive wildlife, farmed animals, pets), they include:

  1. Freedom from hunger and thirst: by ready access to fresh water and a diet that maintains full health and vigor.
  2. Freedom from discomfort: by providing an appropriate environment including shelter and a comfortable resting area.
  3. Freedom from pain, injury or disease: by prevention or rapid diagnosis and treatment of medical problems. 
  4. Freedom to express normal behaviour: by providing sufficient space, proper facilities and company of the animal’s own kind.
  5. Freedom from fear and distress: by ensuring conditions and treatment do not cause mental suffering. 

This model of animal welfare has its limitation since there is an assumption built into the framework that the absence of negative states would ensure high welfare, which is not necessarily true. Thus, the Five Domains Model was established to address the limitations of the Five Freedoms.

The five domains of animal welfare

The Five Domains Model was developed in order to comprehensively and systematically identify different forms of welfare issues.

The Five Domains of animal welfare include:

  1. Nutrition: animals have opportunities to access unrestricted, sufficient, species-specific, balanced, varied, and clean food and water.
  2. Environment: the animal’s environment provides comfort through temperature, substrate, space, air, odor, noise, and predictability.
  3. Health: animals are in good health, and illnesses and injuries are prevented, or immediately and appropriately treated. 
  4. Behaviour: animals are able to express a full range of natural behaviours such as exploration, foraging, bonding, playing, retreating, and others.
  5. Mental State: by presenting positive situations and/or solutions in the previous four functional domains, the mental state of the animal should benefit from predominantly positive states, such as pleasure, comfort, or vitality while reducing negative states such as fear, frustration, hunger, pain, or boredom. 

The first four domains focus on factors that can contribute to specific negative or positive emotions and experiences, which contribute to the animal's mental state, as evaluated in the fifth domain.

For example, if an animal has access to a wide variety of foods they may experience the pleasures of different tastes, smells, and textures – a positive welfare state. Conversely, if an animal has restricted food access, they may experience boredom due to a lack of stimulation or even hunger – a negative welfare state.

SPCA

ANIMAL SENTIENCE AND THE ANIMAL WELFARE ACT

The Animal Welfare Act 1999 (the Act) is the law that protect animals in New Zealand. It is a clear statement to New Zealanders – and to the rest of the world – that animals are sentient and that in New Zealand, they have a right to proper and sufficient care.

2015 was a big year for animal welfare in Aotearoa – this is when all animals were legally recognised as sentient. This law came into place as we knew that for animals to have a good quality of life, guardians need to go beyond minimising negative experiences, to also focusing on providing animals with a life that is filled with positive mental experiences.

Taking animals’ feelings and experiences into account is extremely important when it comes to how people treat animals, and is key for it to be part of the law.

Understanding sentience

Being sentient means being capable of experiencing different feelings and emotions that matter to you – both positive and negative.

When we say humans are sentient beings, that means we have our own feelings, emotions, and experiences. We are capable of feeling happiness, joy, excitement, and alternatively, pain, fear, and stress and are aware of these feelings as we have them.

But do animals have their own thoughts, feelings, and emotions?

The answer is – of course! Animals are sentient, and we are constantly learning more about how they experience feelings. This means that they too have their own feelings, emotions, and experiences. Just like us, they are conscious of their feelings, whether positive or negative, and these feelings matter to them. They seek out situations in which they feel happiness and excitement, and like us, avoid situations that cause them fear, pain, or stress.

Why treating animals as sentient beings matters

Because animals are sentient, it is true that “what happens to them matters to them.” Therefore, as responsible animal guardians, it matters to us.

All animals are individuals with rich, complex emotional lives who deserve to be treated with kindness and compassion, just like we want to be treated this way.

Knowing that animals have these complex emotions allows us to recognize if they’re experiencing positive or negative welfare in different circumstances, and therefore allows us to know what we must do in these situations to protect the mental wellbeing of animals.

This is where the Five Domains framework comes in as it outlines the importance of an animal’s mental wellbeing, as well as physical needs

The Five Domains

The Five Domains encourage positive experiences and recognises that animals' have emotional needs. For animals to have a good life, we need to minimise their negative experiences and give them a life that is filled with positive experiences.

The four domains of health, behaviour, nutrition and environment are the areas in which we, as animal guardians, can take positive action to ensure they are of a high standard.

These domains all impact on the overall mental wellbeing(the fifth domain) of an animal's welfare.

Food:

The proper amount of food and balance of nutrients is essential when feeding your animals. Just like us, animals need a certain combination of protein, carbohydrates, fats, vitamins, minerals and water every day in order to grow, develop and stay healthy and strong.

Eating should be an enjoyable experience for animals, this includes offering a variety of textures, tastes and smells.

Water:

Just like us, animals need fresh water available at all times. Water allows an animal’s body to function properly and to deliver important nutrients throughout their system.

Water helps an animal stay hydrated and controls their body temperature, especially on hot days. Water must be fresh. If it has been sitting around for a while, water gathers germs and parasites that may be harmful. 

 

 

Ministry for Primary Industries (MPI) - New Zealand

New Zealand Animal Welfare Values

Compassionate treatement of animals has long been a human value. The principle that we take care of animals and aniamls take care of us relects the co-evolution of people and domestic animals. 

During 2012 the Government sought public views on the values that most New Zealanders hold about animal welfare. The following three values were generally supported by most respondents.

 

IT MATTERS HOW ANIMALS ARE TREATED - IT MATTERS TO THE ANIMALS AND IT MATTERS TO US

Animals are sentient, which means they can feel pain and distress and have other experiences. All those experiences are important to the animals and it matters to us as a society how animals are treated.

 

WE HAVE RESPONSIBILITES TOWARD ANIMALS IN OUR CARE AND ANIMALS AFFECTED BY OUR ACTIVITIES

We have a duty to provide for the welfare of animals in our care, by attending to their physical, health and behavioural needs. We also have a responsibility to avoid causing unreasonable or unnecessary pain or distress to animals affected by our activities.

 

USING ANIMALS IS ACCEPTABLE AS LONG AS IT IS HUMANE

Animals play an important part in many aspects of New Zealand life, including food production, companionship and recreation, and research and teaching. Ideas of humane treatm,ent evolve over time, and our standards of welfare need to keep pace with changes in scientific knowledge and good practice, available technology and our society.

Animal Welfare in New Zealand

Animals play an important role in many New Zealanders' lives – they offer food and fibre, income and companionship, education, research and entertainment. Animals work alongside us, entertain us, compete with us, and are even managed as pests. These relationships are accepted, as long as they are humane.

New Zealanders have high expectations that animals under human care are well looked after. New Zealand's reputation for high levels of animal welfare has helped secure access to markets internationally. Our economy depends on animals.

Animal welfare is described as what an animal experiences, how it performs, or whether it lives in keeping with its nature. Animal welfare is often a compromise between animals' needs and humans' needs and desires – it is society that determines what compromises to animal welfare are accepted as necessary and reasonable.

Animal welfare policy and law in New Zealand are established and implemented with the aim of:

  • supporting society's expectations for the welfare and humane treatment of animals
  • addressing animal welfare risks
  • promoting improved welfare outcomes.

Two independent ministerial advisory committees have an important role in helping set those policies and laws while representing society's views on animal welfare.

The National Animal Welfare Advisory Committee

The National Animal Ethics Advisory Committee 

Other laws

Other laws that help protect animal welfare include the:

  • Agricultural Compounds and Veterinary Medicines Act 1997
  • Dog Control Act 1996
  • Marine Mammals Protection Act 1978
  • Veterinarians Act 2005
  • Wildlife Act 1953.

Everyone is responsible for animal welfare. As well as legislation and regulations, many groups, sectors, and industries have a role in helping people protect and enhance animal welfare.

VetPak Section 2 Concepts and assessment of pain and distress

STRESS, DISTRESS AND SUFFERING

Moberg (2000) defines “stress” and “distress” in biological terms: Stress is the biological response elicited when an animal perceives a threat to its homeostasis. The nature of this response varies between individuals and is influenced by previous experience, genetics, age, physiological status, environment and season. The result is an alteration of the animal’s normal biological functioning as it attempts to adapt or to cope with the stressor. This will include one or more of the following:

1. A behavioural response, e.g. the animal may move away from the perceived threat if possible.

2. An autonomic nervous system response, e.g. changes in heart rate, blood pressure, gastrointestinal activity.

3. A neuroendocrine response which may result in, for example, failed reproduction, altered metabolism.

4. An immune response which may result in increased incidence of disease. In most cases this altered biological functioning has minimal effect on the animals well being – the stress is brief or eliminated.

Distress: occurs when the magnitude and/or duration of the stress response is such that significant changes in biological functioning must occur for the animal to survive. At this stage, the animal’s resources are taken up with dealing with its response, resulting in impairment of other biological functions such as immune competence, growth and reproduction.

Other definitions include:

Pain: “As applied to any animal, pain means any procedure that would reasonably be expected to cause more than slight or momentary pain or distress in a human being to which that procedure was applied, that is, pain in excess of that caused by injections or other minor procedures” (Definition of Painful Procedures, Animal Welfare Act)

Pain: “is an unpleasant sensory and emotional experience associated with actual or potential damage or described in terms of such damage.” (Webster’s dictionary)

Distress: “Acute or chronic response of an animal caused by stimuli that produce biological stress which produces observable, abnormal physiological or behavioural responses.” (Australian code of practice for the care and use of animals)

Distress: “A state associated with invasive procedures conducted on an animal, or with restrictive or other conditions which significantly compromise the welfare or an animal; it may or may not be associated with pain, and is present when the animal must devote substantial effort or resources to the adaptive response to challenges emanating from the environmental situation.” (Canadian Council in Animal Care).However, there is now increasingly secure scientific understanding of the neurological foundations of affective states and the motivational drives that energise and direct associated behaviours (Mellor, 2012). What Moberg’s approach lacks, particularly when we are looking to enable veterinarians to recognise and articulate the concept of distress, is that it ignores the mental or emotional content of the associated experiences. So another approach is to consider the different “domains” of potential animal welfare compromise (Mellor, 2012a and 2012b). This approach, originally derived from the conceptof the “five freedoms”, sees “distress” as a catch-all phrase for a range of negative affective states or feelings that an animal may experience as a result of welfare compromise. These negative effects are seen as occurring in one or more of five “domains” in which welfare compromise may occur:

• Nutrition.

• Environment.

• Health.

• Behaviour.

• Mental state.

The first four domains are physical/functional and give rise to sensory inputs that may lead to subjective experiences in the mental domain. The latter represents the overall welfare status of the animal as in the above diagram from Mellor (2012).

What the animal experiences as a result of welfare compromise is found in Domain 5. Suffering means an unpleasant, undesired state of being which is the outcome of the impact on an animal of a variety of noxious stimuli and/or the absence of important positive stimuli. It is the opposite of good welfare and may be associated with elevated levels of thirst, hunger, breathlessness, nausea, pain, fear, anxiety, boredom and other negative experiences. It can manifest as physical, mental and/or emotional pain, including unpleasant feelings, sensations or perceptions, cognitively processed and interpreted by the animal according to its speciesspecific and individual nature, and past experience. (Mellor, 2011)

References

Green TC and Mellor DJ (2011). Extending ideas about animal welfare assessment to include ‘quality of life’ and related concepts. New Zealand Veterinary Journal 59(6), 316-24.

Mellor DJ (2012). Affective states and the assessment of laboratory-induced animal welfare impacts. ALTEX Special Issue (8th World Congress Proceedings). In press.

Mellor DJ (2012). Animal emotions, behaviour and the promotion of positive welfare states. New Zealand Veterinary Journal. In press. Mellor DJ and MacArthur Clark J (2011). Pers comm.

Moberg GP (2000). Biological response to stress: implications for animal welfare. In: The Biology of Animal Stress, eds GP Moberg and JA Mench. CAB International.